NII AYI BONTE II (GBESE MANTSE) VS ARDEY aka NII ADJABEN ANKRAH & ORS
October 19, 2022
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP EMMANUEL AMO YARTEY (J)
Areas of Law
- Civil Procedure
October 19, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
The 2nd Defendant/Respondent applied for an order setting aside or striking out the Plaintiff’s Amended Writ of Summons and Statement of Claim dated 22 June 2022, an application the Plaintiff/Respondent opposed. Observing that both parties had already filed witness statements and were ready for trial, the court framed the inquiry around fairness at this stage of the proceedings. Emphasizing the settled principle that courts should not allow mere technicalities to defeat the ends of justice, His Lordship Emmanuel Amo Yartey (J) declined the striking‑out relief. Instead, the court ordered Plaintiff’s counsel to refile the amended writ and statement of claim, to sign them, and to correct all issues identified in the supporting affidavit, particularly with respect to the name of the 2nd Defendant. A deadline of 28 October 2022 was set for compliance.
This is an Application by the 2nd Defendant/Respondent praying the Court for an order setting aside and or striking out Plaintiff’s Amended Writ of Summons and Statement of Claim dated the 22nd day of June, 2022.
The Application was resisted by the Plaintiff/Respondent.
There is evidence before me that the parties in this case have filed their respective Witness Statements ready for trial to commence.
The question is, will it be fair to set aside the Writ of Summons and the attached Statement of Claim at this stage per the reasons canvassed in support of the Application. It is trite that the Court is not to rely on mere technicalities to defeat the end of justice.
In the circumstance I hereby order the Plaintiff’s Counsel to refile the Amended Writ of Summons and the Statement of Claim signed by him rectifying all the issues raised in the Affidavit in Support respecting the name of the 2nd Defendant on or before 28th October, 2022.
(SGD)
EMMANUEL AMO YARTEY (J)